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<![CDATA[Pelaksanaan Jaminan Sosial Kecelakaan Kerja pada Pekerja Toko Modern (Supermarket) di Kabupaten Badung ]]>
<![CDATA[I Made Oka Pradnya Prawira]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Puspasutari Ujianti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.2.2019.228-232
<![CDATA[Guarantee of work accident was an assurance given by workers in the form of money in lieu of the cost of freight, the cost of the inspection, the cost of medicine, as a result of a work accident. Against workers who had an accident at work is entitled to a guarantee of work accident. Based on the information in the field that occurs in the Risaldi Supermarket in Badung Regency has occurred that the Supermarket Risaldi Mart as entrepreneurs have yet to provide full protection of the law against the workers who were put to work. Is there any formula issues namely (1) How the implementation of a social security worker accident at Modern Store in Badung Regency? (2) Factors that become obstacles to Modern Stores not requiring workers in the social security program work accident Badung Regency? The research used in this thesis is the empirical research. Because in this study investigated people in a relationship are living in the community then the empirical legal research methods can be said to be a sociological legal research. Participants of the BPJS employment will get a special guarantee if a work accident, such as rehabilitation, health care, returns to work program (return to work), compensation for death and funeral expenses, as well as the workers will get Promote and preventive activities to support the realization of safety and occupational health. In the implementation of social security in the modern shop is still the lack of thoroughness of the worker in the complete warranty claim requirements work accident before it is given to the BPJS so take a long time in the process of dilution and lack of attention toward the payment of compensation to workers who have been stricken work accident.]]>
<![CDATA[Perlindungan Hukum terhadap Konsumen dalam Jual Beli Barang Melalui E-Commerce ]]>
<![CDATA[I Putu Erick Sanjaya Putra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Sukaryati Karma]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.2.2019.239-243
<![CDATA[The Constitution of the Republic of Indonesia in 1945 article 1 paragraph 3, which reads "the State of Indonesia is a country of laws". This means that all members of society must be based on the law. The modern era of globalization, this versatile, all human activities have to be implemented quickly and easily. Selling is one of the fulfillment of human needs. E-Commerce is the business model of modern non-face (do not bring the perpetrators of the attempt to physically or real). Is there any formulation raised namely (1) How the legal sale and setting items through e-commerce? (2) How legal protection for consumers who suffered losses due to selling of goods e-commerce? Research methods used are normative, approach to research legislation, researching yet details rules governing consumer protection against businesses trading online, and then processed and analyzed with the use of interpretation and legal argumentation systematically as well as poured are descriptive. The results of this study are sale of goods law setting through Electronic Commerce (E-Commerce) have been set up in the ACT ITE and UUPK. legal protection for consumers who suffered losses due to the trading of goods electronic commerce (e-commerce) in the ACT ITE has been regulated in article 28 paragraph 1 regarding the losses consumers in e-commerce. As it known article 19 UUPK is set the compensation responsibility.]]>
<![CDATA[Dasar Pertimbangan Hakim dalam Putusan Bebas Terhadap Pelaku Tindak Pidana Pencurian yang Dilakukan oleh Anak (Putusan Nomor: 9/PID.SUS ANAK/2017/PN.AMP) ]]>
<![CDATA[I Wayan Jimmy Artana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Nengah Laba]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.2.2019.244-248
<![CDATA[Judges are an integral part of the system of rule of law, where the judge is a noble profession and must be free from interpretation in making a decision in order to create legal justice that can be trusted by the community. Based on the description above, there are two formulations of the problem described, namely, how the judge judges in making a case free verdict on the crime of theft committed by the child and any factors considered by the judge. The type of research used in this paper is the type of Normative Law research. By approaching the problem in legislation that is analyzing from the standpoint of legislation and opinions expressed by scholars related to the issues raised. While the approach to the problem used is the legislative and conceptual approach, where the approach is carried out by examining all the laws and regulations concerned with the problem at hand. In this paper, it can be concluded that the judge should have given a verdict lighter than the demands of the public prosecutor, but it is necessary to know whether the decision to return to parents can provide a deterrent effect on the child who is a criminal offender.]]>
<![CDATA[Pertanggungjawaban Hukum Pelaku Usaha Konfeksi terhadap Pencemaran Sungai di Kota Denpasar ]]>
<![CDATA[I Made Yudi Artana]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Nyoman Sutama]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 1 No. 2 (2019): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.2.2019.233-238
<![CDATA[Water is one of the sources of life for all human beings. Water pollution is one of the heavy pollution that exists in Indonesia and waste sectors of industry are the dominant source of water pollution. In addition to the industrial sector, water pollution also posed in other sectors such as mining, agriculture and households. A result of water pollution is decreasing levels of water quality that can be utilized by humans. Water pollution occurs because there are some factories ignoring the material the rest of the production process of the waste to be processed perfectly on a waste management Unit (UPL), so the waste materials still contain compounds that are toxic (toxic compounds) and the cause of death. Then arise problems about setting up the implementation of the business license and can be rivaled river pollution legal liability by businessmen due to the waste of time it rivaled in Denpasar. Research methods in use empirical method such as approach legal sociology are analyzed using qualitative analysis techniques with good by the primary and secondary data sources and use interview techniques, observation, inventory and location determination. In the implementation of the permit, it shall follow the procedure, it rivaled efforts and implementing conditions and accountable through the means and the completion of which has been determined. Recommendations that can be given is that rivaled any attempt to understand the procedure of making the permission as well as understand the reason and implement applicable provisions, according to law, which rivaled both have done the water pollution of the river can be accountable for his deeds and take better care of the environment.]]>
<![CDATA[Peran Kejaksaan Dalam Tahap Penuntutan Terhadap Anak Yang Melakukan Tindak Pidana Pornografi ]]>
<![CDATA[Cokorda Istri Ratih Utami Dewi]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Nengah Laba]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 1 No. 3 (2019): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.3.2019.282-288
<![CDATA[present there are many problems that arise in the community that are not only carried out by adults but also carried out by children, one of which is a criminal act of pornography. Children have a special position before the law based on the consideration that children are human beings with all their biological and psychological limitations and have not been able to fight for everything that their rights. So the question arises, namely regarding the role of the Prosecutors in the stage of prosecution and the sanctions for children who commit acts of pornography. The sources of legal material used in this research are primary legal material and secondary legal material. The techniques for collecting legal materials in this research use a study document technique with a card system, namely by recording and understanding the contents of primary legal material and secondary legallmaterial. Analysis of legal material in this research is descriptive analysis. The research method in this research is a type of normative legal research, namely by the legal approach, conceptual approach and case approach. The conclusion that can be drawn is the role of the Prosecutor in the prosecution stage on children who commit act of pornography in accordance with the prosecution stage in general, however there are differences in treatment for children who commit a criminal offense including pornography, that the Prosecutors must have experience as public prosecutor in the general court environment, have an interest, dedication and understanding child issues and have followed the technical appointment of child judiciary. Sanctions imposed on children who commit a criminal offense are criminal sanctions and sanction action. Criminal sanctions (imprisonment) is imposed for children aged 14 years to 18 years, with a maximum imprisonment of 1/2 (one in two) of the maximum imprisonment of adults. Sanctions are imposed for children aged 12 years but not yet 14 years old. Criminal sanctions can not be imposed on children under 12 years old.]]>
<![CDATA[Pelaksanaan Diversi Terhadap Anak Sebagai Pelaku Tindak Pidana Kecelakaan Lalu Lintas Di Kepolisian Resor Gianyar ]]>
<![CDATA[I Gusti Ayu Claudia Prathami Mertha]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Made Minggu Widyantara]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 1 No. 3 (2019): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.3.2019.330-335
<![CDATA[The traffic accident incident involving the Yamaha V-Ixion DK 2245 LP motorbike was driven by the suspect I Wayan Sudita aged 15 (fifteen) years hit a pedestrian on behalf of I Ketut Lana while crossing the road, the accident occurred because of a lack of caution the bicycle driver The Yamaha V-Ixion DK 2245 LP motorbike while driving its vehicle coming from the south to the north after arriving at the crime scene does not give priority to pedestrians crossing the road from the west to the east of the road so that accidents result in pedestrians being injured and subsequently died at Sanjiwani General Hospital, Gianyar. The formulation of the problem in this study is: how is the implementation of diversion by investigators against children as perpetrators of crimes in the Gianyar Resort Police and what are the inhibiting factors in the implementation of diversion in the Gianyar Resort Police. The type of research used is empirical research. Based on these discussions the results of this study are as follows: The implementation of diversion by investigators in handling child cases at Gianyar Resort, carried out by presenting perpetrators, victims, families of perpetrators and victims, correctional guides, community leaders, and related parties. Before conducting diversion, the investigator first conducts an interview with the perpetrator to understand the motive of the perpetrator to commit the crime, so that the investigator is easier to seek diversion to reach an agreement. The inhibiting factor in implementing diversion in the Gianyar Resort Police is the lack of cross-sectoral coordination between the Gianyar Resort Police and the Social Service, Tinas Tenaga Kerja, Women's Empowerment and Family Planning Agency in Gianyar Regency.]]>
<![CDATA[Akibat Hukum Perceraian Pada Perkawinan Campuran ]]>
<![CDATA[I Wayan Ika Suyun Yastika]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Ni Made Pupspasutari Ujianti]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 1 No. 3 (2019): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.1.3.2019.390-395
<![CDATA[Besides choosing to vacation amid the beauty of the island of Bali, these tourists are sometimes also interested in the beauty of the women on the island of Bali to become partners and do mixed marriages. But in the midst of the large number of mixed marriages that exist in Bali and in the Badung Regency in particular, couples of different nationalities often separate in the middle of their life journey and do not know what effects of divorce on the mixed marriages they lead. From the background above, the author takes the title of the thesis "Legal Effects of Divorce in Mixed Marriage". The formulation of the problem in this study is how the filing of a mixed divorce lawsuit in the Badung religious court and how the legal impact on joint property, children's citizenship and child custody as a result of divorce in a mixed marriage. The type of research that I use in writing this essay is a type of empirical research. This type of research is guided by facts that exist in the community and from relevant people's information and is supported by applicable legislation so that it can explain the problems in more detail. The results of the study can be concluded that the property in mixed marriages among citizens is included in the field of personal status, so that if there is a divorce, the freedom to determine the law that applies to their marriage property is based on the law relating to the distribution of property, for a child's trust by the court, and regarding the status of citizens in the citizenship law it is stipulated that children of mixed marriages between citizens have 2 nationalities until the child is 18 years old.]]>
<![CDATA[Pembebanan Hypotek Atas Kapal Laut dalam Perjanjian Kredit Bank ]]>
<![CDATA[Dimas Hadi Prastya]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gd.Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.2.2020.155-159
<![CDATA[The Bank temporarily gives or disburses credit to usually preceded by an agreement that is usually called a draft loan agreement. In the loan agreement, there is a statement, as collateral when paying the credit, the agreement of the debtor is in default. In the banking practice specifically credit problems are known to have various institutions. While seen from the object there is a collateral institution of the owner of movable and inanimate objects. The formulation of the problem in this paper is 1) What are the conditions that must be met by the imposition of a mortgage on a ship in a bank credit agreement? and 2) What is the procedure for loading a mortgage on a ship in a bank credit agreement? This type of research used in this research is Empirical Legal Research that is taking facts that occur in the field, obtained through explanations from informants and can be understood by understanding the real law or in accordance with community life in society. The results of this study are, 1) Requirements that must be approved for the imposition of mortgages on marine vessels in a bank credit agreement, namely ships that have entered and are listed in the Indonesian ship list, the owner of the ship that receives a mortgage and who wants to accept individuals for ship assistance (made in in the presence of a Notary) 2) procedures for loading a mortgage on a ship in an approved bank credit agreement and the counter registrants of the ship list are approved for completeness of administration in less than 5 (five) days agreed upon when the documents are received as summarized. Ships that have entered the shipping list and other vessels in the process and parts of the ship that can be given mortgage rights. Like a ship that is burdened with a mortgage, the mortgage recipient is given a ship mortgage deed that has the same executorial power as the result of a trial that has permanent and easy legal power. Sanctions due to mortgage regulations for marine vessels are emphasized in order to prevent arbitrariness from the Office of the Harvesting Office and Port Authority in managing mortgage loading for ships.]]>
<![CDATA[Status Hukum Akta Jual Beli Hak Milik Atas Tanah Bersertifikat yang Telah Dibatalkan Pengadilan Tata Usaha Negara ]]>
<![CDATA[Kadek Indra Yuda]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[Desak Gde Dwi Arini]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.2.2020.228-233
<![CDATA[Buying and selling land is one of the legal acts that can cause the transfer of land rights from the hand of the seller to the buyer. The transition of land rights must be registered based on the evidence of the relevant deed. If traced from the beginning, there is a real buying and selling land arising based on an agreement or approval that is set in the form of a covenant between the seller and the buyer. Based on the background of this research problem is: how the existence of land-Buy sales certificate handled by PPAT certificate was cancelled and how the legal sanctions on Dibatalkannya legal status of PPAT deed in the purchase and Sale of land. The type of research used is empirical legal research. The results of the discussion in this study are: the existence of land purchase certificate that issued PPAT certificate was cancelled because PPAT is State Administration officer, in the event of a dispute, BPN is responsible for the certificate that has been Issued. PPAT has never come into contact with the TUN judiciary relating to the treaty Deed of ownership of the land. Guidelines for creating a certificate of land ownership in BPN. If the certificate is cancelled, the party that is won shall apply for the cancellation of the certificate to BPN, and juridically the PPAT deed that has been registered to the land Office is automatically null and void. Legal sanctions against the legal status of PPAT certificates and the sale of land, which have the same consequences as the unlawful act is only a violation of the law can be resolved through a public court, not Can be resolved through the State Administrative Court.]]>
<![CDATA[Sanksi Pidana Terhadap Tindak Pidana Pembobolan Rekening Melalui Anjungan Tunai Mandiri (ATM) ]]>
<![CDATA[Komang Saeramessatya Purwadi Sastra]]>;
<![CDATA[I Nyoman Putu Budiartha]]>;
<![CDATA[I Nyoman Gede Sugiartha]]>
<![CDATA[ Jurnal Analogi Hukum Vol. 2 No. 2 (2020): Jurnal Analogi Hukum ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Warmadewa ]]>
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DOI: 10.22225/ah.2.2.2020.234-239
<![CDATA[The state of law requires that the law always be enforced, respected and obeyed by anyone without any reason for exclusion. Addressing this, positive law in Indonesia is required to respond to the crime phenomena committed by utilizing the technology. The problem of this study is 1) how is the arrangement of criminal Sanctions on the criminal act of account breach through the Mandiri Teller machine (ATM)? 2) What is the judge's consideration in discontinuing the account breach through the Mandiri Teller machine (ATM)? The research method used is a normative legal research method, with the literature study of primary and secondary legal materials. The results of the study can be concluded that: 1) the arrangement of criminal Sanctions on the criminal act of accounts breach through the Mandiri Teller (ATM) in the criminal CODE, LAW ITE, fund Transfer LAW, the anti-money laundering crimes ACT. 2) Judgment of the judges in the case of discontinuing the account breach through a automated teller machine (ATM) that the defendant TEGUH T KHASAN has been legally proven Hal-the thing that incriminated the defendant could be disturbing the community and could cause Harm to others, the things that lighten up, the defendant claimed to have never been punished, the defendant politely admitted and confessed frankly his deeds, the defendant felt guilty and regretted.]]>
